STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FANNIE L. RAULERSON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2169L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

A formal hearing in the above case was held before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on October 1, 1981, in Lake City, Florida.

APPEARANCES

For Petitioner: Fannie L. Raulerson in pro se

Route 6, Box 5005

Lake City, Florida 32055

For Respondent: Joseph E. Hodges, Esquire

2002 North West 13th Street Gainesville, Florida 32601

BACKGROUND

On June 29, 1081, Petitioner, Fannie L. Raulerson, filed a household application for cooling assistance under the Low Income Energy Assistance Program. This application was ultimately denied by Respondent, Department of Health and Rehabilitative Services, on August 15, 1981, on the ground the applicant had not provided additional information requested by Respondent in a timely fashion so that a proper determination on her application could be made.

Petitioner requested a formal hearing pursuant to the provisions of Section 120.57(1), Florida Statutes, to contest the denial of the application. The matter was referred to the Division of Administrative Hearings by Respondent on September 1, 1981 with a request that a Hearing Officer be assigned to conduct the hearing. By Notice of Hearing dated September 16, 1981, the final hearing was scheduled in Lake City, Florida, on October 1, 1981.

At the final hearing, Petitioner testified on her own behalf. Respondent presented the testimony of Ernest Pierce and offered Respondent's Exhibit 1 which was received into evidence.

The issue herein is whether Petitioner is entitled to cooling assistance under the Low Income Energy Assistance Program.

Based upon all the evidence, the following findings of fact are determined: FINDINGS OF FACT

1. Petitioner, Fannie L. Raulerson, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services, on June 29, 1981. Petitioner presently resides in Columbia County, which is a part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given applicants.

   
   

2. Question 3 on the application required the applicant to list everyone who lived in her household. Petitioner listed herself and Tina Harris, a 15 year old granddaughter. Their combined monthly income was shown as $574.32, which exceeded the income limitations adopted by Respondent for households having two persons. 1/ Petitioner was otherwise eligible to receive assistance.

   
   

3. On July 8, 1881, Respondent requested Petitioner to furnish additional information concerning Tina Harris' income in June, 1981. Petitioner was confined to a hospital during much of July and August, 1981, and was unable to respond to this request. Respondent denied the application on August 15, 1981, on the ground Petitioner did not respond to its request for additional information.

   
   

4. Because of Petitioner's medical condition, Tins Harris never moved into her household. Accordingly, Petitioner's income did not exceed the income limitations for households consisting of one person. She is qualified to receive cooling assistance in the amount of $143.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Section 120.57(1), Florida Statutes, and Rule 10 CER 80-11.13, Florida Administrative Code.

   
   

6. Rule 10 CER 81-17(3), Florida Administrative Code, specifies the level of assistance for eligible households in Columbia County where Petitioner resides. For households having one person with countable income between $251 and $333 the level of assistance is $143. Petitioner's income falls within this range.

   
   

7. Respondent was justified in initially denying the application herein. However, through clarifying testimony Petitioner has shown her entitlement to cooling assistance.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Petitioner, Fannie L. Raulerson, be

GRANTED and she he given cooling assistance benefits of $143 in accordance with Department rules.

DONE and ENTERED this 12th day of October, 1981, in Tallahassee, Florida.

DONALD R. ALEXANDER

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of October, 1981.

ENDNOTE

1/ Of the total monthly income, Petitioner received $269.42, which is acceptable for households with only one person.

COPIES FURNISHED:

Ms. Fannie L. Raulerson Route 6, Box 500B

Lake City, Florida 32055

Joseph E. Hodges, Esquire 2002 North West 13th Street Gainesville, Florida 32601

Docket for Case No: 81-002169

Orders for Case No: 81-002169